Neighbour keeping footballs

Caranica

ThumbTaxed wrote: »

Does anyone have any actual legal advise on a legal question?

Legal advice isn't permitted on this forum, so posters can't advise you.

Can discuss trespass, theft, damage, all of which potentially apply here.

rizzodun

ThumbTaxed wrote: »

I used to think she was unreasonable.

Turns out, from the posts here, that the majority of people are actually also unreasonable! Next time my other neighbours little kid kicks in his ball I will keep that then.

Shame I didn't do it sooner; would have about 100 footballs by now.

When you think someone is a wank3r, maybe they're a wank3r.

When you think everyone is a wank3r, maybe, just maybe, you are actually the wank3r....

ThumbTaxed

rizzodun wrote: »

When you think someone is a wank3r, maybe they're a wank3r.

When you think everyone is a wank3r, maybe, just maybe, you are actually the wank3r....

Very insightful. Thanks for your help.

ThumbTaxed

ThumbTaxed wrote: »

Misappropriate.

Look it up.

Your neighbour has not misappropriated anything.
Something was put in her garden.
She hasn't done anything illegal.
So no, no theft

I wouldn't keep on ringing the gardai, they won't be long thinking you're the unreasonable neighbour

listermint

[Deleted User] wrote: »

How does somebody miscontrol a ball over a fence let alone do it regularly?

I'm actually not sure if this is a serious post but il take it at face value.


You've never played with a football in your entire life

Mr.Crinklewood

Samuel T. Cogley wrote: »

You could but as it's not an element of theft...

4.—(1) Subject to section 5 , a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it.


“appropriates”, in relation to property, means usurps or adversely interferes with the proprietary rights of the owner of the property;

“depriving” means temporarily or permanently depriving.

Yip, this is what I was replying to ( section 4)

Still waiting for details of how neighbour took the balls.

EddieN75

listermint wrote: »

I'm actually not sure if this is a serious post but il take it at face value.


You've never played with a football in your entire life

Or maybe poster is a naturally gifted footballer and can't understand why others are so bad?

Samuel T. Cogley

This the same neighbour you had a planning spat with by any chance?

ThumbTaxed

ThumbTaxed wrote: »

If one has a higher IQ than the majority, is that person wrong because the majority have lower IQ? Don't think so. Just means more people are dumb or unreasonable.

Well IQ has nothing to do with being smart or dumb. And definitely nothing to do with unreasonable.
Not sure what you're argument is supposed to be here.

ThumbTaxed

bubblypop wrote: »

Your neighbour has not misappropriated anything.
Something was put in her garden.
She hasn't done anything illegal.
So no, no theft

I wouldn't keep on ringing the gardai, they won't be long thinking you're the unreasonable neighbour

How is the retention of something, which you know doesn't belong to you, not misappropriation.

I remember I was paid 2 weeks wages years ago by error, after leaving. Keeping that money is theft when you know it isn't yours.

Graham

Caranica wrote: »

Legal advice isn't permitted on this forum, so posters can't advise you.

Can discuss trespass, theft, damage, all of which potentially apply here.

Legal discussion is. Not that you'd think it from this thread.

listermint

bubblypop wrote: »

Thinks neighbour is unreasonable
Everyone agrees with neighbour
Now thinks everyone is unreasonable

Lol

Everyone doesn't agree with the neighbour though. You are making that up.

Sunny Disposition

It’s absolutely not theft. Definitely not.
Just get your kids to stop putting their stuff in the neighbours garden and the problem disappears. She obviously wants to teach them to stop doing it by not returning the stuff. A bit harsh, but within her rights, without doubt. Legally, and also morally.
You might say she is unreasonable, and I’d agree with you. But it’s nowhere near as mad as you calling the Gardai. Be a proper parent, control the kids play and the problem goes away. Legally, you have no grievance here.

ThumbTaxed

ThumbTaxed wrote: »

How is the retention of something, which you know doesn't belong to you, not misappropriation.

I remember I was paid 2 weeks wages years ago by error, after leaving. Keeping that money is theft when you know it isn't yours.

You stated That she doesn't answer the door when you knock.I
So how do you know she is keeping something?

listermint

listermint wrote: »

I'm actually not sure if this is a serious post but il take it at face value.

Deadly serious.

You've never played with a football in your entire life

This is Legal Discussion, not After Hours.

ThumbTaxed

Samuel T. Cogley wrote: »

This the same neighbour you had a planning spat with by any chance?

Actually not and that "spat" wasn't exclusive to me

listermint

EddieN75 wrote: »

Or maybe poster is a naturally gifted footballer and can't understand why others are so bad?

That's actually impossible. Every footballer who's any use made many mistakes to get to that point it's what improving skill is all about. Naturally gifted is waffle it's about work and consistency. But way off topic I suppose.

An Ri rua

ThumbTaxed wrote: »

"Constantly" LOL

Did you come to gauge whether your grievances were justified (most of us do) or to simply hammer home your view and not listen.

Yes, small children play and kick footballs. And they come over walls. Especially in small semi-d estates. Which is most people. But big kids, 10+, should be out on the green, end of.

I had a neighbour where, after moving in, I found anywhere between 7-10 balls every single day. When I didn't throw them back within the hour on one particular day, the father came over the 6ft wall and got them. When I went to his door to explain how we would rock and roll going forward, he said he only did that because my side gate was locked and the last crowd never locked their side gate?! I explained that due to my work, and security mindset, I would react badly to any strangers on my property sneaking around (I would and always will). Friend staying over, partner there alone, elderly mother scared sh1tless by a fully grown little shortar*e in the garden. She's not used to that because our family have always summarily dealt with any intruders.
Next day I put up CCTV stickers and 2 dummy IP cameras. Which I was going to do anyway. The back one only visible if you peered up over the very decent concrete dividing wall.
Turned out they had well over 100 footballs in the garden, in a corner. And hung out the local soccer team underage kit every other week. He was the coach. His son the star.
Now, I love kids but I also love the plants and flowers I've been growing for a few months previously. Having those damaged was very disheartening. So, after being nice I realised I was dealing with a sh1tbird and revised my approach. Worked a charm. Decent people react to decency. Sh1tbirds react to ****. They respect it. It quietens them, like a child on the breast.

Have a bit more understanding for your neighbour. Some people are very territorial. I am very much so. I suspect the 'elderly' neighbour as you say (?) has a problem with you and not your kids. Kids will be kids. But you should know better, particularly if you wish for the best outcome. Which is each neighbour's peaceful enjoyment of their property.

I need my coffee now so le petit psycho can go back to his safe place. Damn, you just triggered him.

Tell your kids that they need to keep their knee over the ball to keep it's trajectory low thereby avoiding the neighbour's garden and limiting any mishaps to your own space.

Also, common sense says to me that if I kick something into a neighbiour's garden, it is now theirs to do with as they please. It's as good as gone. It would be nice to get it back, and there's no harm in asking --once-- to get it back, but the expectation should be zero.

ThumbTaxed

bubblypop wrote: »

You stated That she doesn't answer the door when you knock.I
So how do you know she is keeping something?

I have eyes.

listermint

[Deleted User] wrote: »

Deadly serious.



This is Legal Discussion, not After Hours.

You are the one who asked how people miscontrolled a football.

That's not a serious post hence tbh I think you turned it into after house.

To be frank

Akrasia

ThumbTaxed wrote: »

Does anyone have any actual legal advise on a legal question?

I refer you to the 2007 Supreme Court case of Finders versus Keepers...

Graham

An Ri rua wrote: »

Which is each neighbour's peaceful enjoyment of their property.

A ball landing in a garden every few weeks is hardly likely to prevent peaceful enjoyment.

zerosugarbuzz

ThumbTaxed wrote: »

Actually not and that "spat" wasn't exclusive to me

Problems with more than one neighbour then?

Look, the bottom line here is you can either be a decent neighbour and a responsible parent, or a crap one.

If your kids haven't the ability to control where they kick their balls or throw their frisbees, take them and their ball down to local park or playing fields where there is plenty of wide open space and let them kick around there where they won't cause irritation to anyone else.

ThumbTaxed

MeepMeep2021 wrote: »

Tell your kids that they need to keep their knee over the ball to keep it's trajectory low thereby avoiding the neighbour's garden and limiting any mishaps to your own space.

Also, common sense says to me that if I kick something into a neighbiour's garden, it is now theirs to do with as they please. It's as good as gone. It would be nice to get it back, and there's no harm in asking --once-- to get it back, but the expectation should be zero.

Wow, I find it amazing to think that people wouldn't return a child's football. I don't care what yer one is doing, I'd never have that attitude with the kid on the other side.

Very strange outlook unless it is unbearable, e.g. a few times a day.

lawred2

I was on the receiving end of a neighbor's football pitch..

Every sunny day, 6/7 footballs in the garden that had to be returned. At the start we returned them as they came over. Then maybe the next morning. It just gets too much. We couldn't really even use our own back garden between the most and the balls flying over.

It's a pain in the hole. Wouldn't mind but we're surrounded by big greens. Suited the parents though I suppose to have them out the back.

Never really blamed the kids though. To them they are just doing exactly what kids should do. The parents however clearly didn't give a s*it.

ThumbTaxed

ThumbTaxed wrote: »

I have eyes.

So you can see a ball in her garden?

Samuel T. Cogley

Deleted User wrote: »

Look, the bottom line here is you can either be a decent neighbour and a responsible parent, or a crap one.

If your kids haven't the ability to control where they kick their balls or throw their frisbees, take them and their ball down to local park or playing fields where there is plenty of wide open space and let them kick around there where they won't cause irritation to anyone else.

Apart from the people they hit with their wild abandon :pac:

ThumbTaxed

zerosugarbuzz wrote: »

Problems with more than one neighbour then?

The objector had a problem with about 10 houses having a fence. Relevance here is questionable but whatever floats your boat.

pjohnson

zerosugarbuzz wrote: »

Problems with more than one neighbour then?

They probably have lower IQ's and are unreasonable.

listermint

[Deleted User] wrote: »

Look, the bottom line here is you can either be a decent neighbour and a responsible parent, or a crap one.

If your kids haven't the ability to control where they kick their balls or throw their frisbees, take them and their ball down to local park or playing fields where there is plenty of wide open space and let them kick around there where they won't cause irritation to anyone else.

That ships sails both directions. I see more and more of this it seems more and more people don't retain the skills to talk with their neighbours are ultra territorial and live out their lives on the internet and inside their own four walls.

Estates these days are churning out less and less community and more me fein. My front door.

It's actually sad when your think about it.

ThumbTaxed

[Deleted User] wrote: »

Look, the bottom line here is you can either be a decent neighbour and a responsible parent, or a crap one.

If your kids haven't the ability to control where they kick their balls or throw their frisbees, take them and their ball down to local park or playing fields where there is plenty of wide open space and let them kick around there where they won't cause irritation to anyone else.

"Crap parent"

So that's the definition nowadays.

BettePorter

Whats even more shocking than you calling the Guards for such a trivial matter is the fact that they even humoured you to call out and intervene. I can only guess one of the guards is a mate.

This woman isn't stealing your property...you have no clue as to what her issues might be but she has every right to have them in the privacy of her own home. Now shes looking out her window and seeing a squad car and guards at her door. That in itself can be traumatizing for some.

And what is all this teaching your kids. Ringing the Guards on your next door neighbour and talking possible legal action when they should have been told like we all were as kids ....'if it happens again, its the last ball you ll be bought, stop annoying Mrs Duffy'.

Leave the poor woman alone for christs sake.

( I still can't believe you rang the Guards on your next door neighbour for such a thing)

Graham

Graham wrote: »

A ball landing in a garden every few weeks is hardly likely to prevent peaceful enjoyment.

That and then calling gardai to the neighbours house on vexatious complaints might.

bladespin

bubblypop wrote: »

That and then calling gardai to the neighbours house on vexatious complaints might.

Pretty much guaranteed I’d say.

An Ri rua

Graham wrote: »

A ball landing in a garden every few weeks is hardly likely to prevent peaceful enjoyment.

Is it every few weeks? I hadn't read that fact. In my case, it was 5-7-10 balls daily. Very very unsettling.
If it's a ball every few weeks, the rounded advice of the replies still stand:-
Use the green
Higher fence
Spare balls and let the other person interact on their terms.

So the op called the Gardai over a single ball that could not be recovered for a few weeks? That's a bit mad Ted.

listermint

listermint wrote: »

You are the one who asked how people miscontrolled a football.

That's not a serious post hence tbh I think you turned it into after house.

To be frank

No, I asked how people miscontrol a football so badly that it's sent over a fence.

The OP stated that the kids weren't shooting in the direction of the neighbour's garden and it was simply down to poor control.

Balls are going into the neighbour's garden regularly which would indicate it's more than poor control.

Hence me questioning the OP's side of things.

ThumbTaxed

[Deleted User] wrote: »

No, I asked how people miscontrol a football so badly that it's sent over a fence.

The OP stated that the kids weren't shooting in the direction of the neighbour's garden and it was simply down to poor control.

Balls are going into the neighbour's garden regularly which would indicate it's more than poor control.

Hence me questioning the OP's side of things.

"Regularly"

Graham

ThumbTaxed wrote: »

Wow, I find it amazing to think that people wouldn't return a child's football. I don't care what yer one is doing, I'd never have that attitude with the kid on the other side.

Very strange outlook unless it is unbearable, e.g. a few times a day.

+1

throw it back over the fence, job done.

We've kicked a ball over the fence twice so far this year. Neighbour throws it back next time he's in the garden.

Unsurprisingly our neighbour doesn't feel we're irresponsible or ruining his peaceful enjoyment probably because that would just be a hysterical overreaction.

Hysterical overreaction = calling AGS because your neighbour has 'stolen' your kids balls!

Graham

bubblypop wrote: »

Hysterical overreaction = calling AGS because your neighbour has 'stolen' your kids balls!

throw the balls back and it wouldn't come to that.

ThumbTaxed

ThumbTaxed wrote: »

"Crap parent"

So that's the definition nowadays.

Yep, its part of it.

It falls under "ignoring when your kids behaviour causes irritation to your neighbours".

Akrasia

Graham wrote: »

A ball landing in a garden every few weeks is hardly likely to prevent peaceful enjoyment.

It depends on what it lands on. My neighbors garden is beautifully landscaped. Any ball that goes in there at speed will damage something, the neighbor on the other side is just pea gravel covered in dog Sh1t. My kids do not kick their balls over either fence

ThumbTaxed

[Deleted User] wrote: »

Yep, its part of it.

It falls under "ignoring when your kids behaviour causes irritation to your neighbours".

What a strange person.

EddieN75

listermint wrote: »

That's actually impossible. Every footballer who's any use made many mistakes to get to that point it's what improving skill is all about. Naturally gifted is waffle it's about work and consistency. But way off topic I suppose.

No it's not. Some people are naturally gifted at certain things. Sport being one of them. Hence football clubs signing 10 year olds. Or do they have the "hard work" put in? Lol
They stand out because they are mike's better than their peers.

And from the talk of the op I'd say her young lad is solid useless.



Losing footballs constantly might be a sign

frozenfrozen

Graham wrote: »

throw the balls back and it wouldn't come to that.

So you would call ags if your neighbour didn't return the balls?

tscul32

I'd always throw back a ball but it can get annoying. In the middle of chopping chicken for dinner and I see the ball come over and then have to wash hands to answer the door, go out, throw it back. Not a huge deal. But then just as I get started again, I see it come in again.... But I've also had a ball fly over at speed (they're playing on the road the other side of the wall) and miss my toddling 12mth old by centimetres, other times hit a table with a glass on it. That time I asked them to take it to the green, and to be fair they did.
I would never keep a ball but it can be really annoying. When we were kids my mam always said if it goes over the wall then tough. You can ask for it back yourself but I'm not doing it for you.

ThumbTaxed

[Deleted User] wrote: »

Yep, its part of it.

It falls under "ignoring when your kids behaviour causes irritation to your neighbours".

Classic LOL

Samuel T. Cogley

Graham wrote: »

throw the balls back and it wouldn't come to that.

Maybe given her elderly decrepitude she doesn't get out into the garden much.